Columbia Law School Clinical Education and Experiential Learning

Page 1

Clinical Education

and Experiential Learning


Introduction: From Law Student to Lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Clinical Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 International Clinical Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Adolescent Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Community Enterprise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Environmental Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Human Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Immigrants’ Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Incarceration and the Family. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Lawyering in the Digital Age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Mass Incarceration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Sexuality and Gender Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Clinical Faculty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Externships—Experience in the Field. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 The Pro Bono Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Other Experiential Learning Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . 36


Introduction: From Law Student to Lawyer IN THE CLASSROOM

The Negotiation Workshop This popular course provides an experiential introduction to the theory and practice of negotiation. Columbia Law School is a leading

Native American judges. During spring

Through role-playing exercises and

innovator in legal education. Our

break, students travel to engage in projects

simulations, students gain skills

curriculum is global, interdisciplinary,

with Native American tribes. Through

to make deals and resolve con-

intellectually rigorous, and intensely

the Vision, Action, and Social Change

flicts as they negotiate contracts,

practical. Throughout our curriculum,

seminar, students engage in fieldwork at

business transactions, and multi-

experiential learning challenges students

universities, public schools, and corpora-

party disputes. Using this practical

to apply theory and analytical skills to

tions across the country, examining the

experience as a springboard, the

real-world legal problems.

structure of organizations and developing

workshop explores such topics as

strategies to address inequality through

the nature of conflict; integrative

institutional change.

and distributive bargaining; ways

At Columbia Law School, clinical legal

to overcome barriers to agree-

education and externships are the centerpieces of this approach. Students

While experiential learning takes many

ment; lawyer-client relationships;

also gain practical experience through

forms at Columbia Law School, the fol-

the art of persuasion; and the

internships, pro bono work, and inno-

lowing pages focus on clinical educa-

role of culture, gender, and race

vative courses that include fieldwork or

tion and other opportunities outside the

in negotiation. Students reflect

simulations. In Art of the Deal work-

traditional classroom. Together with

on their experiences in journals

shops, for example, students analyze risk,

the mentorship of our remarkable fac-

and review recorded negotiations

structure agreements, and negotiate the

ulty and the breadth and depth of our

with their professor. A popular

terms of business transactions. In the

curriculum, this real-world approach to

highlight of the workshop is the

Native Peacemaking seminar, students

legal education prepares our students to

opportunity to represent their

participate in mediation clinic training, as

confidently launch their careers, and to

Columbia Business School peers

well as formal peacemaking training from

hit the ground running.

in a mock negotiation.

3


Clinical Education Students in Columbia Law School’s clinical programs serve on the front lines of justice in many areas of the law. From climate change to human rights, small business issues to families in crisis, complex discrimination litigation to mediating civil court cases, clinic students have the opportunity to work with real clients on some of the most pressing problems of our time. Students become counselors, mediators, litigators, advocates, system change agents, and educators as they learn to apply the legal reasoning and skills they have gained in law school to benefit their clients.

Environmental Law Clinic students (pictured here) represented local community groups in a successful challenge to a proposed power plant on the East River waterfront in Brooklyn.

The goal of the Columbia Law School

the weighty responsibility of provid-

Students also are encouraged to recog-

clinical program is to provide out-

ing effective representation to a wide

nize and resolve the ethical challenges

standing service to its clients while

range of clients in important and often

raised by their cases as they strive to

allowing students to begin the life-

sensitive matters.

solve their clients’ pressing dilemmas.

long process of becoming thought-

4

These expectations and responsibili-

ful, responsible, and reflective lawyers.

Clinic students gain critical skills in

ties make the clinical experience one

Working under the close supervision

communication, information gather-

of the most useful and exciting features

of full-time clinical professors, stu-

ing, persuasion, and legal and factual

of a student’s law school years. One

dents are encouraged to pursue their

analysis, which prepare them to address

former clinic student has commented:

own learning goals while taking on

the multifaceted needs of their clients.

“Working in the clinic was the best


CLINICAL EDUCATION hands-on experience I received at

The clinical program at Columbia Law

Columbia Law School. It was an

School has two additional goals. First,

unmatched opportunity to learn from

students—guided by clinical professors

Ethics and Professional Responsibility

my classmates, the clinic staff, and our

who are experts in their fields—are

Clinical education places students

client. The challenges are unlike those

encouraged throughout their clinic

in professional situations where

posed in the classroom; they have a

experience to envision how legal insti-

they are required to put abstract

direct impact on the lives of others. I

tutions and practices can be reformed

classroom theory into practice.

am confident that they have made me

and reorganized to provide the best

Students learn what it means to

better prepared to contribute immedi-

service to clients and the larger society.

provide compassionate and zeal-

ately in the workplace.”

Second, clinic students provide pro

ous advocacy while upholding

bono service to clients who are unable

the profession’s highest ethical

Participating in a Law School clinic

to secure representation because of

standards. Typical ethical ques-

allows students with diverse career

cost, the unpopularity of their causes,

tions faced by students include:

goals—public interest, private practice,

or the complexity of their problems. In

When representing organizations,

or government service—to gain real-

doing so, they learn to appreciate the

how should a lawyer reconcile

world skills and a critical perspective

professional responsibility and personal

differences between the needs of

on the way law should be practiced,

rewards of community service, while

the individuals who make up an

before they launch their legal careers.

also fulfilling a graduation requirement.

organization and the organization

As a result, clinic students are uniquely

Many Columbia Law School alumni

as a whole? When is it appropri-

prepared to take on their professional

continue this proud tradition of pro-

ate for lawyers to substitute their

roles after graduation.

viding pro bono service throughout

judgment for that of a young cli-

their legal careers.

ent? When, if ever, is it right for a mediator to provide a legal evaluation during the course of a mediation? In helping a parent to regain custody of a child, should it matter that the client has been incarcerated for a serious crime?

55


CLINICAL EDUCATION

Communication Skills

Benefiting Society

Reflective Practice

Clinic students draft pleadings and

Students work on behalf of clients

Clinic faculty encourage students to

discovery motions, interview and

facing human rights abuses, envi-

build on their strengths, address any

counsel clients, mediate complex

ronmental neglect, discrimination,

weaknesses, and work toward the

disputes, and learn techniques

and other legal problems arising

goal of becoming lawyers with the

for persuading a judge or adver-

from poverty and inequality. They

ability to reflect upon and learn from

sary—essential skills for any law

also identify and address serious

their work as professionals.

school graduate. Clinic faculty

wrongs that need systemic solu-

provide all students with exten-

tions through legislative advocacy,

sive reviews of their written and

education, conflict resolution, and

oral performance.

community organization.

Understanding Institutions Lawyers must understand how to work within complex and often overlapping administrative and regulatory systems in order to advocate effectively for their clients. Clinical experience provides students with a basis for understanding other institutional systems that they may encounter as lawyers.

Outside the U.N. headquarters in Geneva, Switzerland (l to r): Sara Osama Kayyali ’14, Paula Ximena Mendez Azuela ’14, Ami Shah ’15, and Caroline Stover ’14. Traveling with members of the Columbia Law School Human Rights Institute, clinic students attended a session of the U.N. Human Rights Committee to advocate for greater support for U.S. human rights initiatives.

6


International Clinical Education

RECENT WORK Dramatic political changes around the world have created new oppor-

• Professor Alexandra Carter ’03 conducted a first-of-its-kind training in conflict

tunities for clinical legal education.

resolution for female U.N. delegates. Through the Edson Queiroz Foundation

Since 1996, our clinical faculty have been active internationally in promoting a public interest approach to law and lawyering. Collaborating with nongovernmental organizations, they have made an impact around the world. Many universities in places like Central and Eastern Europe, the former Soviet Union, and China have embraced this chance to develop legal clinics and other innovative and dynamic educational programs. The following are only a few ways clinical faculty have supported these burgeoning efforts:

Mediation Program, she holds intensive mediation skills trainings at Columbia Law School for diplomats, judges, lawyers, and students from around the world. • Professor Barbara A. Schatz has worked with professors in China, Russia, and Central and Eastern Europe to develop clinics representing nonprofit organizations. Most recently, she has worked with the Public Interest Law Institute to strengthen clinical legal education initiatives at Tbilisi State University in Georgia and Yerevan State University in Armenia. • Professors Carol B. Liebman, Suzanne B. Goldberg, and Schatz have worked with colleagues in China to help develop law school clinics. • Professor Jane M. Spinak has facilitated a series of trainings and meetings that helped create child advocacy clinics in Hungary, Romania, and Poland. • Professors Philip M. Genty, Schatz, and Liebman have led workshops at the University of Bialystok (Poland) for students and professors from law schools in Poland and five countries of the former Soviet Union. Genty’s work on clinical programs in Macedonia earned him an honorary professorship from the Ss. Cyril and Methodius University. 7


Adolescent Representation

The Adolescent Representation Clinic represents youth and young adults on collateral issues relating to their aging out of foster care or other institutional settings. Clients range in age from 16 to 23. Their issues extend across a broad spectrum of need, including housing and homelessness prevention; teen pregnancy and parenting; health and health benefits; income and support benefits; education, tuition, and financial aid; financial planning; identity theft and credit; civil rights, including LGBTQ issues; employment and career planning; and family and inheritance law. Students paired in teams represent clients referred from legal advocacy offices, foster care agencies, and community-based organizations.

8

Professor Jane M. Spinak

adolescents and young adults as viewed

the clinic, where guest lecturers include

Classes and assignments provide an inten-

from multiple disciplines. Graduate stu-

advocates, judges, youth in foster care,

sive introduction to legal representation,

dents from other schools of the Univer-

and mental health professionals. In addi-

as well as to the unique attributes of

sity may enroll in the seminar portion of

tion to representing individual clients,


Moving into Adulthood students develop and participate in a

to investigate the barriers faced by New

“Before we met our first client, we

range of policy and presentation proj-

York City youth aging out of foster care

heard a lot about how difficult she

ects. The most recent presentations were

in securing and maintaining stable hous-

was to work with. We decided to

on credit and finance issues many young

ing. The goal of the project is to educate

approach her with open minds.

people face when they leave high school

policymakers and lawmakers in order to

One of her goals was to leave

and begin jobs or attend college—issues

change rules, regulations, policies, and

foster care and move in with the

that are fraught with difficulty for youth

practices that prevent aging-out youth

father of her two children. Her

growing up in foster care. The Adoles-

from living in stable homes. This clinic

caseworker didn’t think she could

cent Representation Clinic has begun a

project will include legislative, policy,

do this, but we decided our job

significant student-led housing project

and media advocacy over several years.

was to help her work toward that goal. At our second meeting—after we had outlined all the steps she

“My clinical experience was deeply rewarding. It allowed me to argue in a New

needed to take—she told us she

York criminal court, resulting in an order that worked in my client’s favor. It

knew it was time to grow up.

improved my writing. I drafted a motion and worked on case-management

After that, things started to

strategy. I will advocate for clinical education for the rest of my life.”

change. She and her boyfriend

uchechi c. amadi ’11 associate, jones day

found an apartment and she and the children moved in. We noticed how much more initiative she

“The clinic helped me develop the skills needed to provide clients with sound

started taking. Over the course of

advice and to advocate on their behalf before a range of agencies. The structure

the year we helped her apply for

of the clinic provided excellent guidance, but I was also given enough indepen-

public assistance and obtain early

dence to figure things out on my own.”

intervention services for her son.

maren hulden ’12 skadden fellow, minnesota disability law center

We represented her at foster care case conferences and encouraged her to find a job or enroll in G.E.D. classes. Although she still has obstacles to overcome, we ended the year feeling confident that she had found her stride.” Student team case report 9


Community Enterprise Legal assistance for community

Some of the clinic’s clients are new

Small-business clients have ranged from

enterprises is often critical to their

nonprofit organizations that need help

day care centers and bakeries to print-

success. Students in this clinic help

creating legal structures. Other clients

ing companies and crafts businesses.

nonprofit organizations, social enter-

are more mature enterprises that need

These clients are primarily located in

prises, and small businesses that cannot

help addressing the legal issues arising

low-income neighborhoods and seek

afford to pay for legal services turn their

from changes such as expansion, cre-

the clinic’s assistance in choosing and

visions into reality. Students work to

ation of a national program, or initia-

forming appropriate business structures,

understand clients’ aspirations, help them

tion of income-generating or legislative

entering into leases and other contracts,

anticipate and solve problems, and edu-

activities. Some focus on New York

and protecting their intellectual property.

cate them about their responsibilities as

City, promoting the arts, or provid-

heads of enterprises. Students also under-

ing food, shelter, or training for New

Social enterprises need help in creat-

take law reform efforts and offer work-

York City’s neediest residents. Some

ing entities that can accommodate

shops for nonprofits and small businesses

address large-scale problems, like cli-

both their social and financial goals.

on corporate and tax issues. The clinic

mate change or human rights violations.

Recent clients have included a tutoring

is of special interest to those interested

Some work abroad: One recent client’s

company that helps minority students

in working with organizational clients,

work provides livelihood training and

prepare for college entrance exams and

representing clients in transactions, and

support to ultra-poor women in India,

a “green” food-production business.

promoting community development.

Africa, and Central America.

Professor Barbara A. Schatz

10


A Bronx Café is Born Emily Flores is one of many women in low-income communities with the imagination and drive to create a small business. She first came to the clinic for help in creating “non-compete” and “nondisclosure” agreements to protect the special recipes and techniques used in her home-based pastry business. The success of that business inspired her to start a café in her Bronx neighborhood.

Clinic students with their clients from the Ruth Williams Dance Studio in Harlem

Clinic students helped her think Clinic students prepare for their client

ing skills that will allow them to rep-

through the right structure for

work by learning the substantive law

resent clients effectively. As they take

her business, given the desire

relevant to forming and operating non-

on projects for clients, students explore

for equity participation by both

profit organizations, social enterprises,

the variety of roles that lawyers can play

the chef and a lender, and then

and small businesses; thinking through

in working with community enter-

drafted a certificate of incorpora-

the distinctive interviewing, coun-

prises and examine the choices they

tion, bylaws, and a shareholders’

seling, and ethical issues that arise in

have in finding a personally satisfying

agreement, all in plain language

representing organizations rather than

way of practicing law and promoting

and tailored to her particular cir-

individuals; and practicing the lawyer-

social justice.

cumstances. The clinic also represented the business in taking

“My work with the Community Enterprise Clinic was an incredible opportunity to learn, collaborate, and give, leaving me with skills that I apply every day and an internal compass that will guide my legal career. As a brand new associate at my firm, I was able to jump in immediately on work with our nonprofit clients, and I continue to rely on these skills in my day-to-day practice working with clients of all sorts. I especially valued the many opportunities for feedback, self-improvement, and reflection on my professional goals.” crystal mao ’13 associate, ropes & gray

over a lease to a storefront and in acquiring a loan for the rehabilitation of the space. The students who worked with her have the satisfaction of having helped a dynamic woman achieve her dream and contribute to the commercial vitality of a Bronx community. 11


Environmental Law

Students in the Environmental Law Clinic have the unique opportunity to engage in the practice of law on local, state, regional, and global levels by working on critical issues that face the planet and on pressing problems that affect poor, underrepresented communities. Whether drafting amicus briefs in climate-related lawsuits, exposing the impact of agricultural practices on food

Professor Edward Lloyd

security, protecting residential commu-

environmental issues. By working on lit-

U.S. Supreme Court), and at the highest

nities from the toxic waste produced

igation, policy development and imple-

levels of state courts. They represent poor

by hydraulic fracturing, or preserving

mentation, and regulatory reform, Law

and minority communities in efforts to

endangered places and species, clinic

School students have tested their skills in

prevent their neighborhoods from being

students endeavor to find the most

the international arena, handling projects

overrun by toxic facilities, such as power

effective mechanisms to resolve critical

for the United Nations, the World Bank,

and sewage sludge plants.

environmental challenges.

and a host of sovereign nations. The lawyering skills developed and honed

12

Issues raised by clinic clients, as well

In the domestic arena, clinic students

in the clinic are applicable to any career

as environmental conundrums making

work on matters before state and federal

a student chooses. The clinic emphasizes

news around the world, expose students

administrative agencies, before federal

proficiency in litigation fundamentals—

to a panoply of methods for addressing

trial and appellate courts (including the

the drafting of pleadings, arguing motions,


Setting Standards and negotiating settlements—that have

well as the impact of contamination and

The Environmental Law Clinic is

broad applications beyond environmen-

regulation on communities of color and

part of a team of lawyers from local,

tal law. With a heavy emphasis on client

other economically disadvantaged groups.

state, and national organizations concerned about the impacts of

interaction, the clinic teaches students to counsel community groups on how to

Students also partner with the Law

hydraulic fracturing for natural gas

grapple with and settle their cases in ways

School’s Sabin Center for Climate

extraction in the Marcellus Shale,

that best achieve clients’ goals. In weekly

Change Law on a host of projects,

a shale formation that cuts across

classroom seminars, students lead strate­

including the development of managed

New York and Pennsylvania. At the

gic discussions on how to resolve vari-

retreat strategies that help communi-

national level, the clinic drafted

ous issues in their cases. The clinic also

ties rebuild after catastrophes such as

comments on behalf of 62 groups

addresses the interplay of economic devel-

Hurricane Sandy.

urging the Environmental Protection

opment and environmental protection, as

Agency (EPA) to include “fracking” in its study of new source perfor-

“I have worked extensively with the clinic. The students are highly motivated, hard-working, intellectually engaged, and superbly supervised. I have been so impressed that I actively seek summer interns from the clinic.” deborah goldberg managing attorney, northeast regional office, earth justice

mance standards for oil and gas operations that result in contamination of surface and groundwater. The EPA agreed and announced that it would conduct a comprehensive, peer-reviewed study of the environ-

“Students in the Columbia Law School Environmental Law Clinic contributed a superb report to inform my work on land issues. I am grateful for their hard work, professional conduct, and substantive expertise.” olivier de schutter former u.n. special rapporteur on the right to food

mental and health effects of these techniques. At the state and local levels, the clinic drafted a comprehensive hydraulic fracturing bill for introduction in the New York State Legislature. They scored a major victory in Pennsylvania’s Supreme Court, when the court ruled that the state’s Marcellus Shale drilling law was unconstitutional, given the environmental dangers and the restrictions it placed on the rights of municipalities to govern fracking in their jurisdictions.

13


Human Rights The Human Rights Clinic is an inno-

dominant forms of action, strategies,

Through active engagement and leader-

vative space for bringing together

methods, and critiques. This provides

ship on clinic projects, students directly

human rights work, student educa-

students with the tools necessary to

and collectively implement and reflect

tion, scholarly research, and critique.

maneuver within the complexities of

upon what they learned in the semi-

Students learn to be strategic and cre-

human rights law and advocacy. Sem-

nars. This aspect of the clinic functions

ative human rights advocates, while

inars address such topics as project

similarly to a non-governmental organi-

pursuing social justice in partnership

selection, design, and strategy; choice

zation. Projects vary from year to year

with organizations and communities

and sequence of advocacy tactics; fact-

and address marginalized, urgent, and

around the world.

finding methodologies; interviewing

complex human rights issues around

witnesses, experts, and perpetrators;

the world. During the current academic

The clinic integrates social justice

digital and physical security; report

year, for example, projects are address-

work and pedagogy through semi-

and brief-writing; using judicial and

ing human rights issues related to drone

nars and clinic projects. The clinic’s

quasi-judicial processes; engaging the

strikes and targeted killings; corporate

approach is collaborative, rigorous,

press and using social media; mitigat-

accountability for sexual violence in

and self-reflective. The seminars pro-

ing vicarious trauma and promoting

Papua New Guinea; environmen-

vide a map of the international human

resilience; and accountability and proj-

tal harms in the extractive industries;

rights terrain—including the field’s

ect evaluation.

police violence in Peru; armed conflict

Associate Clinical Professor Sarah Knuckey with Clinical Teaching Fellow Benjamin Hoffman

14


Growing Networks “Breaking into the human rights field can be difficult, there is no one clear path to follow,” says Bassam Khawaja ’15. “The opportunity to connect with someone who is doing the kind of work you hope to do is invaluable—there is no substitute.” Helping students make such connections is exactly the aim of the Human Rights Clinic Mentorship Program. This new initiative pairs and war crimes in the Central African

The clinic is also a laboratory for test-

students with experienced advo-

Republic; and access to justice, housing,

ing and modeling innovative modes of

cates from leading human rights

and immigration in the United States.

human rights work with a focus on

organizations. Mentors share

interdisciplinary partnerships, under-

their insights and provide career

Students work in small teams and are

standing the intersections between

guidance throughout the year that

immersed in every aspect of their clinic

rights, and adopting collaborative

a student participates in the clinic.

projects. They design advocacy strat-

north-south partnerships. The clinic

egies, form partnerships with NGOs,

recently launched a new project with

Khawaja’s mentor this year is

write legal briefs, interview victims, and

the Earth Institute at Columbia Uni-

Christopher Rogers, a human

investigate abuses in the field. Numer-

versity to engage in an interdisciplin-

rights lawyer with the Open Soci-

ous projects involve advocating before

ary human rights–based environmental

ety Foundations who is working

the U.N. or international travel. Stu-

impact study. Students in the clinic are

on policy initiatives for Afghani-

dent teams meet frequently to advance

working closely with environmental

stan and Pakistan. “Because

their projects and think critically about

scientists and indigenous communities

the program has enlisted such a

their work, while project supervisors

to assess the impact of the extractive

diverse group of practitioners, stu-

and experienced human rights advo-

industries on people’s rights, as well as

dents can be paired with a men-

cates provide resources, guidance, and

to model new modes of mixed meth-

tor that represents their interests

feedback to help students further refine

ods and community-centered human

and career goals,” says Khawaja,

their advocacy.

rights advocacy.

whose focus is on civilian harm in armed conflicts. 15


Immigrants’ Rights Immigration detention is at a historic,

at the U.S. border without their par-

ronment, the clinic offers students an

all-time high in the United States—

ents. Although legal service providers

opportunity to develop lawyering and

approximately 400,000 immigrants cycle

estimate that upwards of 60 percent

advocacy skills in the context of both

through the U.S. Immigration and Cus-

of unaccompanied immigrant children

direct client representation and cutting-

toms Enforcement system each year.

are eligible for legal immigration status

edge projects related to immigration

The majority of these detainees face the

under current U.S. law, many of their

reform. Each student handles significant

deportation process alone because there

claims are never properly presented to

case responsibilities, visits immigration

is no right to counsel in immigration

a court. Even children do not have a

detention facilities on a regular basis, and

proceedings. The Immigrants’ Rights

right to counsel in removal proceedings,

makes at least one appearance in immi-

Clinic at Columbia Law School fills this

and they are often forced to navigate

gration court by the end of the semester.

void and provides critical legal services

the immigration court system alone, in

to some of the most vulnerable individu-

a language they do not understand.

als caught in the system.

clinic represented individuals detained With an emphasis on client-centered

at two immigration detention facilities

An expanded focus this year is the

lawyering, clinic students work with cli-

in northern New Jersey: the Elizabeth

representation of unaccompanied

ents from around the world. Through

Detention Center and Newark’s Del-

minors who have been apprehended

an intensive learning and working envi-

aney Hall. In the current academic year,

Associate Clinical Professor Elora Mukherjee

16

In the previous academic year, the


An Asylum Case Victory While interviewing potential clients at the Elizabeth Detention Center, Jenna W. Long ’15 and David J. Kim ’14 were handed a document by one of the detainees. It detailed the persecution he faced as a gay man in Nigeria, a country that has recently criminalized homosexuality. Clinic students won asylum for this West African man facing persecution for his Christian faith by members of the Muslim extremist group Boko Haram. Urooj Khan ’15 (right) is pictured here with the clinic’s client.

Long and Kim accepted the man’s

the clinic is representing non-detained

taking motions and practicing briefings,

students, prepared his asylum

unaccompanied minors and will likely

developing case strategies, conducting

application and started work on

work with families detained near the

oral argument, leading negotiations,

the case. For two weeks, they con-

southern border this spring. Students

preparing witnesses, and performing

ducted extensive interviews with

represent immigrants in their defenses

legal research.

the client, his brother in Nigeria,

case and, along with other clinic

and other witnesses. Before the

against deportation—including asylum, withholding of removal, and U.N.

The clinic also works with national and

merits hearing, they submitted

Convention Against Torture claims.

local organizations to further immi-

nearly 700 pages demonstrating

grants’ rights issues. Students collabo-

the persecution their client faced

Working in pairs, students assume

rate on projects involving regulatory

and would face in the future. Long

primary responsibility for all aspects

and legislative reform, impact litigation,

and Kim handled the opening and

of individual case preparation, includ-

public education, grassroots advocacy,

closing arguments and their cli-

ing interviewing clients and witnesses,

media work, strategic planning, and

ent’s testimony on the stand. In

investigating facts, drafting pleadings,

related matters.

the end, the judge issued a ruling granting asylum. “‘Granting’ is

“Asylum cases are life-or-death matters for many of our clients. You can use

such a simple word,” Long said.

your legal training to save a life in this clinic.”

“But this grant gives our client

elora mukerjee director, immigrants’ rights clinic

permanent safety. He is on the path to U.S. citizenship, which affords a level of protection his home country could never offer.”

17


Incarceration and the Family

The Incarceration and the Family Clinic operates at the intersection of the criminal justice and family court/ child welfare systems, and engages in both education and advocacy. The clinic informs people in prison about their parental rights and responsibilities, as well as the ways in which they can advocate effectively for themselves. The clinic also provides services to assist those who have been released from prison and their family members in achieving reunification. The educational component of the clinic allows participants to work collaboratively with the Parenting Center of Bedford Hills, a women’s prison.

18

Professor Philip M. Genty

During a semester-long course, students

design, prepare, and teach their own

dents and the prisoners. These classes

observe a family law class taught by an

classes later in the semester. The class

are designed to provide preventive law-

inside facilitator to other incarcerated

sessions typically involve role-play

yering so that the women can take the

women and then work in groups to

simulations that include both the stu-

steps necessary to improve their chances


A New Lease on Life of success in family court proceedings

classroom and experiential learn-

Angela* was 17 years old when

and avoid legal problems in the future.

ing. In the early part of the semes-

students in the Prisoners and

ter, they are exposed to influential

Families Clinic began represent-

For the clinic’s advocacy component,

writing about prisons and prison life,

ing her. She had lived with her

the students provide legal assistance to

and are provided with a background

legal guardian since she was 2

people who have been released from

in the relevant substantive law. Stu-

years old, shortly after her mother

prison, their family members, or both.

dents develop the lawyering skills

was imprisoned on a 25-year sen-

The students may also provide research

they will need to work with clients

tence for robbery and assault. But

and counseling services to staff mem-

by participating in intensive simula-

when the guardian died, Angela

bers at Bedford Hills who are assist-

tion exercises. They also examine

faced losing the only home she

ing women with problems relating to

issues of professional responsibility

had ever known, a New York City

their children.

that arise when working with indi-

Housing Authority apartment on

gent clients who are involved in the

the Lower East Side of Manhat-

To prepare for this work, students

criminal justice, family court, or child

tan. The case provided students

are educated through a process of

welfare systems.

with insight into how much incarceration can impact every aspect of people’s lives. Extending their

“Attending the Child and Family Advocacy 30th Anniversary Conference, it

work beyond the semester of the

was inspirational to hear all the stories of the client work done by past partici-

clinic, the students recovered

pants in the clinic and how this work is still very much on their minds in their

copies of the lease, tracked down

current practice.”

school records, and obtained

jason parkin ’04 assistant professor of law and director of the neighborhood justice clinic, pace university school of law

court documents proving the guardian had been awarded legal custody of Angela. Their efforts paid off. The Housing Authority reversed its decision. Angela was able to stay in her apartment and is now living independently. *Angela is a pseudonym

19


Lawyering in the Digital Age An Access-to-Justice Approach The Lawyering in the Digital Age Clinic

the clinic. Each year, the Civil Court of

courts and director of the New York

trains students to advocate for clients in

the City of New York takes on nearly

State Courts Access to Justice Program,

courts, in administrative agencies, and on

300,000 eviction cases. About 95 per-

to create a web-based expert system that

transactional matters. Students learn and

cent of tenants have no legal repre-

guides unrepresented tenants through

apply “conventional” lawyering skills

sentation. Without legal training, they

a user-friendly, multimedia interface

augmented by “digital-age” approaches,

cannot use the complicated housing and

with a series of simple questions and

employing technology to become effec-

procedural law that should promote

answers. Definitions and explanations

tive, innovative practitioners and to

just resolutions in their cases. Judges,

in plain language are offered along the

extend basic access to justice. Year after

lacking a well-crafted pleading from an

way. The tenant learns about law and

year, student projects have vital, positive

attorney, have to hope the unrepre-

procedure, becomes familiar with tech-

effects on the justice system.

sented tenant can somehow explain the

nical terms, and promptly produces a

situation, and they are often left with a

printed pleading to file in court, with

one-sided view of the case.

legal claims accurately stated. Other

The clinic is unique, both because it focuses on the impact of technology on law practice and because it provides stu-

To address this problem, Lawyering in

to that tenant’s factual circumstances—

dents with opportunities to work on

the Digital Age students worked with

furnishes an opportunity for the ten-

legal issues in a variety of subject areas.

the Hon. Fern Fisher, deputy chief

ant to do further study and prepare for

For example, housing is one focus of

administrative judge for New York City

court. To try out the program, go to:

Professor Conrad Johnson

20

helpful printable material—customized

Professor Mary M. Zulack (far right)


Collateral Consequences Collateral consequences of criminal charges are not spelled out in the penal code, in contrast to the direct consequences such as prison or fines. Defendants and their lawyers, along with prosecutors and judges, simply cannot know the myriad of collateral consequences for all possible charges. The Collateral Consequences Calculator,

a

web-based

tool

developed by the Lawyering in the Digital Age Clinic and the Columbia The Collateral Consequences Calculator was first commissioned by the Hon. Judith Kaye, then chief judge of the New York Court of Appeals. She is pictured above with clinic students and clinic faculty members (standing l to r) Lecturer in Law Brian Donnelly and Professor Conrad Johnson, after honoring their work at her New York State of the Judiciary address.

Center for New Media Teaching and

Learning,

organizes

this

specialized knowledge. The first www.courts.state.ny.us/courts/nyc/

site offers basic information on housing,

tool of its kind, the Calculator pro-

housing/int_nonpayment.shtml.

employment, benefits, education, and

vides legal practitioners and judges

domestic violence, as well as a catch-all

with the ability to select a section

Another notable project is the creation

“documents” section. A person needing

of the penal code and examine the

of a self-help legal information website

to know, for example, how to combat

potential impact of convictions in

for people who cannot afford lawyers

domestic violence, what organizations

New York on immigration status and

in civil cases. Many of these individuals

can help, and how to obtain an order

public housing eligibility, two areas

rely on The Legal Aid Society, which

of protection can go to: www.legal-aid.

commonly resulting in collateral

provides assistance to low-income peo-

org/en/ineedhelp/ineedhelp/self-help/

consequences. Jonathan Lippman,

ple. However, because of the unprec-

domesticviolence.aspx.

chief judge of the New York Court of

edented need for civil legal services,

Appeals,

has

called

the

Legal Aid must turn away six out of

The work of the clinic is occasionally

Calculator a “remarkable, innova-

every seven people seeking assistance.

highlighted in the media, as well as

tive tool,” and the work of the clinic

It is therefore essential to have another

locally on the blog of the Columbia

a

method of sharing important legal

Science and Technology Law Review:

The Calculator can be viewed at

information on a 24/7 basis. The web-

www.stlr.org/2012/04/spotlight-on-

law.columbia.edu/collateral-

site provides a valuable alternative. The

technology-and-public-interest-law.

consequences-criminal-charges.

“tremendous

achievement.”

21


Mass Incarceration The United States is the world’s leader

students also have opportunities to liti-

Prisoners’ Rights Project at The Legal

in incarceration, with 2.2 million peo-

gate issues identified by the clients, and

Aid Society to interview members of a

ple currently in the nation’s prisons or

to engage in other forms of advocacy.

class seeking relief from a pattern and

jails—a 500 percent increase over the

22

practice of excessive force.

past 30 years. Challenging the Conse-

Identification of cases is done collab-

quences of Mass Incarceration is a clinic

oratively with the clients. Students

To prepare for their work with the

that studies this expansion and the need

work with clients to develop materi-

clinic, students read and discuss schol-

it creates for prisoner representation

als that can be used to prepare inter-

arship about punishment theory and the

and policymaking.

nal administrative remedies and to file

history of American prisons, as well as

administrative claims. Projects may

the substantive law governing prisoners’

The Mass Incarceration Clinic focuses

range from federal habeas actions on

rights. To develop the skills they will

on litigation in federal courts and res-

behalf of state prisoners raising actual

need to work with clients, students par-

olution of claims related to prisoners’

innocence claims, to religious-freedom

ticipate in intensive simulated interview

conditions of confinement. Students

claims. Claims related to medical care

exercises. Other legal skills—including

visit clients in state and federal pris-

and mental health care are also part of

counseling, negotiation, oral argument,

ons, where they interview, counsel,

the clinic’s docket. The clinic accepts

and preparation of pleadings, briefs, and

and develop strategies. In collaboration

appointment to cases from federal

litigation-related materials—are taught

with nonprofit organizations, clinic

courts and has also worked with the

and acquired in the context of client


Justice for an Innocent Man In 1995, Daniel* was wrongly convicted of a double homicide—based primarily on the testimony of one witness who later recanted—and sentenced to 120 years in prison. He continued to maintain his innocence throughout the next 18 years of his incarceration. “He had never given up on himself, and that inspired all of us to work all the harder,” says Jess Hallett ’12, a member of the

Professor Brett Dignam

clinic team representing Daniel representation. Students are encouraged

issues of professional responsibility that

in his habeas corpus petition.

to raise, reflect on, and discuss relevant

arise while working with clients.

The students presented evidence and examined witnesses before a federal court. In the end, they

“The clinic deals with some of the most difficult issues in federal litigation,

successfully argued that state

such as habeas corpus. Professor Dignam is an expert in habeas, and she

prosecutors had violated Daniel’s

also brings in other Law School professors to share their expertise. You write

constitutional rights by suppress-

very detailed and high-level briefs and memoranda, but you also develop the

ing exculpatory evidence. The fed-

interpersonal skills you need to be a practitioner.”

eral judge ruled that Daniel was

dan asher ’14 law clerk, u.s. court of appeals for the third circuit, wilmington, delaware

entitled to a retrial or his freedom. “The clinic is a really important

“Through the Mass Incarceration Clinic, I used my in-class learning to address

way to get experience advocating

the problems of real people. Professor Dignam helps students think critically

for clients while you are a stu-

about how to apply the law in real situations. The clinic is an excellent opportu-

dent,” says Hallett, who is now a

nity to start getting litigation experience before you graduate.”

staff attorney at San Francisco’s

helen elizabeth mayer clark ’11 associate, arnold & porter

Positive Resource Center. *Daniel is a pseudonym

23


EDSON QUEIROZ FOUNDATION

Mediation Program Litigation, while glamorized in the

Students mediate cases throughout the

The program is designed to expand the

media, is time-consuming and costly.

semester. Settings are likely to include:

teaching and practice of mediation and

As lawyers and clients have sought flex-

Manhattan and the Bronx Civil Court,

conflict resolution in the United States

ible ways to resolve disputes, mediation

Harlem Small Claims Court, and the

and Brazil.

has become an increasingly power-

Equal Employment Opportunity Com-

ful and popular legal tool. Through

mission. Students can also take part in

Students in the program learn the benefits

Columbia Law School’s Edson Queiroz

the program’s innovative Native Peace-

and limitations of mediation and other

Foundation Mediation Program, stu-

keeping seminar, which offers partici-

dispute-resolution techniques so that

dents consider the role of mediation in

pants the opportunity to work with

they can counsel clients about choices.

national and international legal systems;

Native American tribes and other com-

They also develop an understanding of

develop problem-solving and conflict-

munities to develop research, scholar-

how feelings, values, and personal styles

resolution skills essential to innovative

ship, and traditional Native American

affect their performance in a professional

lawyering; design mediation and con-

conflict-resolution skills.

role, while providing quality assistance

flict-resolution programs; and explore the role of the lawyer in mediation,

The Edson Queiroz Foundation Medi-

either as mediator or as counsel to

ation Program is a partnership between

The foundation for hands-on clinical

a client considering or participating

Columbia Law School and the Univer-

work is built in the classroom, where

in mediation.

sity of Fortaleza (UNIFOR) in Brazil.

students receive mediation skills training

Professor Alexandra Carter ’03

24

to parties whose disputes they mediate.


An Alternative for a Troubled Teen and His Family The parents were ready to seek court intervention. Their child stopped attending high school, and his parents also feared he had joined a gang. A two-student team from the mediation program went to work. They first explained the process to the parties, listened to their stories, and summarized the information in a way that allowed each party to hear what the others were saying. In the course of these tense discussions, punctuated by tear-filled breaks, the troubled teen realized his family had his best interest at heart, but he struggled with his increasing need for autonomy. In the end, the and analyze the ethical, systemic, and

observe or conduct, as well as read-

mediation team hammered out an

jurisprudential issues involved in alter-

ings, tapes, and role-plays that highlight

agreement, specifying the terms

native dispute resolution. Class “texts”

important issues in the development of

to which all parties consented.

include the mediations that students

mediation practice. The student was granted some additional freedom in exchange

“Clinical work showed me how to listen without judgment and give people the chance to be heard. It was a powerful lesson—one that has single-handedly changed the way I understand the law. I learned to see the faces behind conflict.” katerina yiannibas ’08 professor of public and private international law, deusto university, bilbao, spain; project manager for globernance, the institute for democratic governance

for his promise to attend school regularly, quit the gang, and refrain from use of alcohol or illegal drugs. For the present, the family was able to avoid the intervention of the courts. 25


Sexuality and Gender Law The Sexuality and Gender Law Clinic

on behalf of a community? How do

ing resources to advocate for social

is an intensive learning and work-

advocates select among issues? Once

change. Clinic projects encompass all

ing environment that offers students a

priorities have been set, how should

forms of advocacy, including litigation,

unique opportunity to hone lawyering

choices be made among various law

public policy development, legislative

and advocacy skills while working on

reform strategies, including those

drafting, training, organizing, public

cutting-edge sexuality and gender law

involving litigation, public education,

education, and media outreach. This

issues. The clinic provides vital assis-

grassroots advocacy, and legislative

practical, strategic training is coupled

tance to lawyers and organizations

efforts? How best can those strategic

with an emphasis on reflective and

throughout the country and the world

choices be executed? In the Sexuality

theoretical inquiry about lawyering in

that advocate for the equality and safety

and Gender Law Clinic, students have

general and, specifically, lawyering on

of women and lesbians, gay men, bisex-

the opportunity to think through these

behalf of social movements and in the

uals, and transgender individuals.

questions while developing strong

areas of sexuality and gender.

lawyering skills. While engaged in advocacy, students

26

Clinic students work cooperatively on

also wrestle with the difficult ques-

The clinic emphasizes a multidimen-

sexuality and gender law issues with

tions posed by law reform work in the

sional approach, which develops the

lawyers and advocates at organizations

midst of shifting political and legal ter-

practice of being strategic, smart, and

such as Lambda Legal, Equality Now,

rain. What does it mean to advocate

creative in identifying and deploy-

the ACLU Lesbian and Gay Rights


Recent Projects • A micus briefs to the Iowa, Connecticut, and California supreme courts in marriage equality litigation, and to the European Court of Human Rights on sex trafficking. • Development of legal manuals to support women’s rights in Africa and a transgender rights ordinance in New York City. • Development of public education efforts with UNICEF regarding violence against young women and UNIFEM regarding transitional justice mechanisms’ responses to sexual violence. Professor Suzanne B. Goldberg

Project, the ACLU Women’s Rights

any law school in the United States—

Project, Immigration Equality, the

is the nexus of the field’s research,

National Center for Lesbian Rights, the

advocacy, and curricular development

Transgender Legal Defense and Educa-

at Columbia Law School. In addi-

tion Fund, the International Gay and

tion to administering the clinic, the

Lesbian Human Rights Commission,

center sponsors events throughout the

and UNICEF and UNIFEM, as well

year that bring leading scholars and

as with statewide and local gender and

activists to campus to discuss current

sexuality law organizations.

issues and cases. The center offers students interested in gender and sexu-

The Center for Gender and Sexual-

ality law a wealth of resources and

ity Law—the first center of its kind at

networking opportunities.

• Legislative analysis and drafting in connection with New York State’s domestic violence law and the U.S. immigration law’s ban on entry by people with HIV. • Preparation of asylum and T and U visa applications for clients with persecution claims based on forced marriage, trafficking, political opinion, sexual orientation, gender identity, and HIV status. • Litigation research, drafting, and support of women’s rights and those of LGBT individuals in the United States and abroad. 27


Clinical Faculty Adolescent Representation

of the Lawyers Alli-

Clinic in 2000. He began his career as

Jane M. Spinak is the Edward Ross

ance for New York,

an environmental advocate with the

Aranow Clinical Professor of Law.

where she ran a pro

New Jersey Public Interest Research

Professor Spinak has taught child and

bono program for

Group, where he continues to serve as

family advocacy since joining the fac-

1,800 lawyers and

its general counsel.

ulty and currently directs the Adoles-

built the organization’s nonprofit and

He is a co-founder

cent Representation Clinic. During the

community development practice. She

and co-director of

mid-1990s, Spinak served as attorney-

is chair of the board of PILnet: The

the Eastern Envi-

in-charge of the Juvenile Rights Divi-

Global Network for Public Interest

ronmental

sion of The Legal

Law and serves on the boards of Trickle

Center, a member of the New Jer-

Aid Society of New

Up, the Nonprofit Coordinating Com-

sey Pinelands Commission and the

York. She recently

mittee, and Human Rights First, which

Litigation Review Committee of the

co-chaired a New

she co-founded. Schatz has trained and

Environmental Defense Fund, and

York task force on

consulted with law professors interested

a former member of the New Jersey

the future of the Family Court. Spinak

in establishing law school clinics in

Supreme Court Committee on Envi-

currently serves as chair of the Leader-

Central and Eastern Europe, China, and

ronmental Litigation. Lloyd has testi-

ship Council of the Center for Fam-

countries of the former Soviet Union.

fied before the U.S. Senate and House

ily Representation. Her teaching and

She lectures and writes in the areas of

of Representatives committees on

scholarship address the complexities of

nonprofit corporate and tax law and

environmental enforcement.

the child welfare, foster care, and family

clinical legal education. Susan J. Kraham ’92, lecturer in law,

court systems.

28

Law

Environmental Law

is an associate research scholar and staff

Community Enterprise

Edward Lloyd, the Evan M. Frankel

attorney for the Environmental Law

Barbara A. Schatz, clinical professor

Clinical Professor in Environmental

Clinic. She has spent her legal career

of law, joined the faculty in 1986. She

Law, joined Columbia Law School

representing public interest clients with

previously served as executive director

and launched the Environmental Law

a particular focus on environmental


and land use law.

can Republic, Colombia, the Demo-

tor of the Refugee Reunification

Prior to joining the

cratic Republic of the Congo, Kenya,

Project, which provides grants to help

clinic, she served as

Papua New Guinea, and the United

refugee families purchase plane tick-

counsel to the New

States. Before joining Columbia Law

ets and reunite with family members

Jersey Audubon

School, Knuckey was an adjunct pro-

who have been granted asylum in the

Society. From 1998 until 2005, Kraham

fessor of clinical law and director of the

United States; a director of the Fair

was an associate clinical professor in the

Initiative on Human Rights Fact-Find-

Housing Justice Center; and a director

Environmental Law Clinic at Rutgers

ing and the Project on Extrajudicial

of Warm Heart, a community-based

School of Law–Newark.

Executions at New York University

development organization serving rural

School of Law’s Center for Human

northern Thailand. From 2007 to 2010,

Rights and Global Justice.

Mukherjee was an associate at Emery

Human Rights Sarah Knuckey joined Columbia Law

Celli Brinckerhoff & Abady.

School in July of 2014 as faculty co-

Immigrants’ Rights

director of the Human Rights Institute,

Elora Mukherjee, associate clinical pro-

Incarceration

director of the Human Rights Clinic,

fessor of law, is the founder and direc-

Philip M. Genty, is the director of the

and the Lieff Cabraser Associate Clinical

tor of the Immigrants’ Rights Clinic.

Incarceration and the Family Clinic and

Professor of Law. Knuckey is an inter-

She also advises students participating

the Everett B. Birch Innovative Teach-

national human rights lawyer, professor,

in Columbia Law

ing Clinical Professor in Professional

and special adviser to the U.N. special

School’s partner-

Responsibility. He joined the faculty

rapporteur on extrajudicial executions.

ship with Kids in

in 1989 from Brooklyn Law School.

Her work has addressed issues such as

Need of Defense, a

Prior to joining

unlawful killings, armed conflict, sex-

nonprofit organiza-

the legal academy,

ual violence, corporate accountability,

tion that provides legal representation

Genty worked as an

extractive indus-

to unaccompanied minors in immigra-

attorney at Prison-

tries, and protest

tion proceedings. Before joining the

ers’ Legal Services

rights. She has car-

Law School, Mukherjee served as a

of New York; at the New York City

ried out investiga-

staff attorney at the ACLU Racial Jus-

Department of Housing, Preservation,

tions and reported

tice Program, working on all aspects

and Development; and at the Bedford-

on human rights and armed conflict

of investigating, litigating, and settling

Stuyvesant Community Legal Services

violations around the world, including

suits for detained immigrant children.

Corporation. He has developed legal

in Afghanistan, Brazil, the Central Afri-

Mukherjee is a founder and a direc-

resource materials for incarcerated par29


ents and works with several organizations

member of Connecticut’s Commission

Mary M. Zulack, clinical professor

that assist women who are in prison. His

on Wrongful Convictions and as chair-

of law, joined the faculty in 1990

research interests are in clinical educa-

man of the board for both Junta for

and co-directs the Lawyering in the

tion, prisoners’ rights, legal ethics, and

Progressive Action and the Center for

Digital Age Clinic. She has also co-

family law. He has taught and consulted

Children’s Advocacy.

directed the Fair Housing Clinic and

on clinical legal education and ethics in Central and Eastern Europe, as well as

Lawyering in the Digital Age

of Homelessness. Before joining the

in Israel. In 2008, Genty received the

Conrad Johnson, clinical professor of

faculty, Zulack pursued public inter-

Willis L.M. Reese Prize for Excellence

law, served as the director of clini-

est practice in New

in Teaching. He received a Presidential

cal education from 1992 to 1996. He

York City and held

Award for Outstanding Teaching from

joined the faculty in 1989 after two

several leadership

Columbia University in 2014.

years as an assistant professor at the

positions, includ-

City University of New York School

ing attorney-in-

Brett Dignam, clinical professor of law,

of Law and many years as the attor-

charge at the Harlem Neighborhood

joined the Columbia Law School fac-

ney-in-charge of the Harlem Neigh-

Office of The Legal Aid Society. She

ulty in 2010 from Yale Law School. She

b o rh o o d O f f ic e

has served on the board of Bedford-

is the founder and director of Colum-

of The Legal Aid

Stuyvesant Community Legal Services

bia Law School’s Mass Incarceration

Society of New

Corporation and of Project-FAIR, a

Clinic. Dignam maintains both a crimi-

York.

co-

welfare rights organization. Within

nal and civil trial and appellate practice

founded, and for

the New York City Bar Association,

in federal and state courts, and she has

11 years directed, the Law School’s

Zulack has been a member of the

represented prisoners at both levels for

Fair Housing Clinic. In 2001, he co-

executive, nominating (twice), judi-

more than 20 years. At Columbia Law

founded, and now serves as co-direc-

ciary (several terms), and civil court

School, Dignam has

tor of, the Lawyering in the Digital

committees, and chaired the commit-

taught Race and

Age Clinic, which explores the impact

tee on legal needs of the poor. Honors

the Criminal Justice

of technology on law practice through

include the 1996 Leadership Award

System, as well as

client work and collaborative projects

from the Citywide Task Force on the

Incarceration: From

with major public interest legal orga-

Housing Court, and numerous Legal

nizations and prominent jurists.

Aid Society pro bono awards.

Streets to Prison. She has served as a

30

taught the seminar on Law and Policy

He


Brian Donnelly, lecturer in law, helped

ers, and as a litigation associate on a

Sexuality and Gender Law

found the Lawyering in the Digital

variety of matters. Carter has taught

Suzanne B. Goldberg, is the Executive

Age Clinic and has collaborated for

mediation and civil procedure in the

Vice President for University Life and

many years with Professors Johnson

Netherlands and Brazil, and serves as

the Herbert and Doris Wechsler Clini-

and Zulack on the

one of 13 appointed members of the

cal Professor of Law. She has directed

development

of

New York State Unified Court Sys-

Columbia’s Sexuality and Gender Law

various efforts to

tem’s mediator ethics advisory com-

Clinic since joining

teach lawyering and

mittee. Shawn K. Watts ’12, lecturer

the faculty in 2006.

technology. He is

in law, is the associate director of the

She was previously

an active member of the American Bar

Edson Queiroz Foundation Mediation

on the faculty of

Association law practice management

Program at Columbia Law School.

Rutgers School of Law–Newark, where she taught a range

section and is a fellow of the American Bar Foundation. He also serves as

Carol B. Liebman, clinical profes-

of courses and directed the Women’s

a member of the Westlaw Law School

sor of law, joined

Rights Litigation Clinic. Prior to enter-

Advisory Board.

the faculty in 1992

ing academia, Goldberg spent nearly a

and has lectured

decade as a senior staff attorney with

Mediation

and taught widely

Lambda Legal, serving as counsel in

Alexandra Carter ’03, clinical profes-

on negotiation,

a wide range of cases, including two

sor of law, director of clinical edu-

mediation, and legal education. Her

before the U.S. Supreme Court that

cation, and director of the Edson

current research focus is on conflict

became cornerstone gay rights vic-

Queiroz Founda-

resolution in health care. Liebman

tories. Her scholarship on barriers to

tion

Mediation

has taught mediation and negotiation

equality has won numerous awards,

Program, joined

in Israel, Brazil, Vietnam, and China.

and Goldberg received the Willis L.M.

the faculty in 2008.

She also founded the Law School’s

Reese Prize for Excellence in Teach-

She

previously

Negotiation Workshop. In 2012,

ing in 2009. She is co-founder and co-

worked as a litigation associate at

she was the first Law School clini-

director of the Center for Gender and

Cravath, Swaine & Moore, where she

cal professor to receive the Colum-

Sexuality Law.

served as the senior antitrust associate

bia University Presidential Award for

on several multibillion-dollar merg-

Outstanding Teaching.

31


Externships—Experience in the Field

From The Legal Aid Society to the U.N. to the U.S. Department of State, Columbia Law School provides students with a broad range of externship opportunities.

Externships, like clinics, combine rigorous study of legal doctrine with hands-on experience, but they differ in some fundamental ways. Externship students usually serve as apprentices rather than as lawyers representing their own clients. Externships allow students to work side-by-side with lawyers in a public interest organization, government agency, pro bono projects of law firms, or federal court. Leading practitioners—often Columbia Law School graduates—bring their expertise into the classroom as seminar leaders. In most instances, they also supervise the students’ work in the field. 32

Practicing attorneys, judges, and magistrates become mentors, assigning tasks and providing oversight and feedback. Students may be called upon to apply theory and analytical skills learned in the classroom to an oral argument, legal research and writing, client interviews, contract negotiations, using the media as an advocacy tool, and much more. Students also get a firsthand view of how law offices and lawyers operate—

an experience that serves Columbia Law School graduates well, whether they work in private practice, government, or public interest. Through externships, students broaden and deepen their knowledge in an area of practice and applied legal policy, enhance their understanding of substantive law, gain insight into future career paths, and develop skills essential to the practice of law.


Federal Government in D.C. Externship Advancing Social and Environmental Justice in the New York Attorney General’s Office: Students work with attorneys in the AG’s Social Justice Division on pressing problems facing New York and the country: from systemic discrimination to climate change and nuclear waste to fraudulent practices by health insurance and tobacco companies to abuses by officers in nonprofit organizations. The division’s top lawyers teach students how the AG’s office can use its unique jurisdiction and law enforcement authority to advance justice. Arts Law: Assisting staff attorneys at Volunteer Lawyers for the Arts, students gain practical experience in intellectual property, entertainment, and nonprofit law. In the seminar, they examine the role of law and lawyers in the arts and entertainment world, and also practice client counseling and contract negotiation. Bronx Defenders on Holistic Defense: A person of color living in the Bronx is more likely to be stopped and frisked by the police, arrested, evicted, be on welfare, or have their

children removed from their homes than a resident of any other county in New York State. Students learn interdisciplinary problem-solving approaches at a defender’s office committed to addressing root problems and serving clients. Seminar content and fieldwork train students as future holistic lawyers offering access to services that meet clients’ legal and social support needs.

Students participating in this externship have the rare opportunity to spend a full semester in Washington, D.C., working at federal agencies such as the Department of Health and Human Services, the Department of Education, the Environmental Protection Agency, and the Department of Justice. A complement to the Law School’s conventional course offerings in public law, the fed-

City and State Policy Advocacy: The seminar and fieldwork focus on the role of a lawyer in supporting the implementation of communityconceived policy initiatives at the city and state levels—from analyzing constraints on local authority to drafting policy proposals and advising on the political fight to win passage. Issues covered in the seminar and the fieldwork assignments include workers’ rights; immigrants’ rights and immigration reform; civil rights and racial justice issues; health care access; and more.

eral government externship provides

students with valuable

hands-on experience in the public sector prior to graduation. The externship includes an intensive seminar in ethics for government lawyers, a weekly seminar, supervised legal research, and a field placement—often alongside Columbia Law School graduates working in high-level positions in our nation’s capital.

Community Defense: Students have their own misdemeanor cases and work on a major felony case at the 33


34

Neighborhood Defender Service of Harlem. Criminal law, legal ethics, and the attorney-client relationship come alive as students track the cases through the court system. In the seminar, they engage in topics related to criminal defense and trial preparation.

challenges to sentences or prison conditions. The seminar utilizes court decisions, legislative activity, related research, and case materials to explore how the enforcement of constitutional rights operates both in theory and in practice.

right disputes. Students evaluate cases; draft complaints; work up motions for a preliminary injunction; prepare written discovery; take and defend depositions; draft motions; participate in settlement negotiations; and draft licensing agreements.

Constitutional Rights Enforcement: Students explore how constitutional rights are advanced in capital, criminal, and prison civil rights cases. As part of the unique public service practice groups within two commercial law firms—the Squire Patton Boggs Public Service Initiative and the Holland & Knight Community Services Team—students work on cases where the stakes are high. They perform a variety of litigation tasks related to clients challenging death sentences, life imprisonment, solitary confinement, or other constitutionally-based

Copyright Dispute Resolution: Students learn to effectively resolve copyright disputes through a weekly seminar and fieldwork. Co-taught by two partners from Cravath, Swaine & Moore, the seminar addresses the policies and doctrines of copyright law and the basic elements of copyright litigation. It also includes inclass simulations, such as conducting a witness examination in a copyright case. Under the supervision of Cravath lawyers, the fieldwork component enables students to represent actual pro bono clients in real copy-

Criminal Appeals: Working with senior lawyers from the Center for Appellate Advocacy, students draft a brief on behalf of an indigent defendant and often argue their cases before the state appellate court. In the seminar, they gain further insights into criminal law and hone skills in briefcraft and oral advocacy. Domestic Violence Prosecution: Under the supervision of experienced assistant district attorneys, students take the lead in prosecuting misdemeanor domestic violence cases,


working on cases from their inception through trial. Students work in the new Family Justice Center, a unique facility where the efforts of civil service providers working with domestic violence victims are coordinated with those of law enforcement officials. In the seminar, students prepare for field experience and explore topics related to domestic violence prosecution. Federal Appellate Court: Working in the chambers of a U.S. Second Circuit judge provides students with a behind-the-scenes look at judicial and adversarial processes. As they help prepare oral arguments and written opinions, students apply their skills in legal research, analysis, and writing. Second Circuit judges lead the seminars, which include discussions with trial judges and experienced appellate attorneys. A moot court argument before three Court of Appeals judges is a highlight of the semester. Federal Court Clerk: Students engage in an in-depth examination of federal trial courts. They work closely with a federal judge on drafting opinions and observe trials, oral

arguments, and hearings. Placements are at either the Federal Court for the Eastern District of New York or the Federal Court for the Southern District of New York. Seminars include writing judicial opinions and discussing effective courtroom lawyering. Judicial and practitioner guests share their insights and experience. Federal Prosecution: Students assist experienced prosecutors as they investigate and prosecute federal criminal cases, including those involving narcotics, fraud, child exploitation, public corruption, terrorism, and violent crimes. Placements are in a U.S. Attorney’s Office for either the Southern or Eastern District of New York, and senior prosecutors lead the seminars, which often involve roleplaying exercises. Immigration Defense: Working with attorneys providing direct representation to immigrants facing deportation, students gain in-depth exposure to U.S. immigration laws and policies. The seminar is taught by some of the most respected immigration lawyers in New York, and the field

placement is with those attorneys or another senior attorney at The Legal Aid Society’s Immigration Law Unit. Pro Bono Practice and Design: Students are engaged in the critical role of pro bono service in the legal profession and its impact on broader societal issues, such as access to equal justice. Working with both public interest and corporate lawyers at an NGO, students examine the often competing goals of the various constituencies, and the need to mediate them if pro bono programs are to succeed. Representing New York City—The New York City Law Department: Students are placed in a division of the Law Department. As they work with city attorneys and attend meetings, legislative hearings, depositions, and trials, they gain a deep understanding of the role of government lawyers and the legal and ethical issues they face every day. In the seminar, taught by two senior city attorneys, students complete a counseling memorandum on a policy matter and present their recommendations to the class. 35


Student-Initiated Externships: Students who enroll in the Advocacy in Theory and Practice seminar gain expertise in a range of lawyering skills, including oral advocacy, legal writing and drafting, legal research, negotiation, mediation, working collaboratively, client communication, and case theory and planning. With approval from the faculty member and the director of pro bono programs, students can also earn additional credit for an externship which they initiate, enabling students to explore areas of law that are of particular interest to them. Trusts, Wills, and Estate Planning: Students interview clients at a Manhattan senior center to draft wills, powers of attorney, living wills, and health care proxies. In the seminar, related doctrines are examined and students meet individually with the instructor to discuss the estate planning situations of their clients. Undocumented and Unaccompanied Immigrant Youth: This externship provides an opportunity to learn about immigration and fam-

36

ily law and practice through the lens of child advocacy. Students work through the interplay between the common law and the federal regulatory systems by taking a seminar and doing closely related fieldwork in which they represent unaccompanied youth in both federal and state courts. Unaccompanied immigrant youth are children under the age of 18 who have been apprehended at the U.S. border without traditional caregivers. Following their detention at federal facilities, they are released to sponsors and placed in removal proceedings in immigration court. Working under the supervision of lawyers, externs provide legal services to these children. The seminar explores the intersection of immigration law, criminal law, and family law; the ethical challenges of

representing unaccompanied minors; and the U.S. government’s immigration policies and their impact on communities. United Nations: Through placements at the U.N. or U.N.-related offices, students are immersed in the law and practice of the U.N and the processes of making and implementing institutional law at this world organization. Adjunct professors who held diverse senior legal positions at the U.N. lead the seminar, which examines the interaction between U.N. governing documents and U.N. practice. The seminar provides a focused approach, beyond what is provided in a basic public international law course, to help students fully comprehend the mix of law and policy that U.N. law encapsulates.


The Pro Bono Experience Through required pro bono work, stu-

Spring Break Caravans combine travel

worked with lawyers from the Legal

dents enrich their legal education,

and public service. Recent caravans

Resources Centre to document the con-

gain practical experience, and learn

have taken students to Texas to assist

ditions of local schools and make recom-

the rewards of public service. Stu-

lawyers working on capital punishment

mendations on potential litigation. And

dents choose from hundreds of oppor-

cases, to Miami to work on immigra-

in Yangon, Myanmar, students worked

tunities and also design projects tailored

tion issues, and to Native American

with attorneys from Justice for All, a civil

to their interests. Students may serve as

communities to help protect land rights.

society group committed to the advance-

advocates in family court for domestic

ment of human rights and the rule of law.

violence victims, staff legal clinics at a

Last year, among the international cara-

local homeless shelter, or work with

vans organized, were trips to Jordan,

“Partnering with local human rights

leading law firms that have strong pro

South Africa, and Myanmar. In Jordan,

groups around the world is the per-

bono programs. For example, students

students learned how to interview vic-

fect way to combine students’ interests

work with attorneys from Davis Polk &

tims of torture before conducting client

with local needs and opportunities,” says

Wardwell on complex asylum cases and

intake sessions under the supervision of

Douglas Cantwell ’15. “Caravans allow

team up with attorneys from Milbank,

attorneys from the Iraqi Refugee Assis-

organizations to tackle projects that might

Tweed, Hadley & McCloy to represent

tance Project. A team of students sent to

otherwise tax their resources and give stu-

low-income taxpayers in IRS disputes.

the rural Transkei region of South Africa

dents a once-in-a-lifetime experience.”

37


OTHER EXPERIENTIAL LEARNING OPPORTUNITIES

Summer Programs

Moot Court Program

Student Journals

Columbia Law School’s summer

Moot courts simulate all aspects of

Columbia Law School is home to 14

public interest law program enables

an appellate or trial litigation. Stu-

law journals. Many are the leading

students to gain valuable experi-

dents conduct research, file briefs,

scholarly publications in their fields.

ence as they provide much-needed

and argue their cases before a dis-

Working on a journal exposes stu-

legal assistance to a wide range of

tinguished panel of judges. Our stu-

dents to cutting-edge research and

nonprofit organizations and govern-

dents regularly capture top honors

further hones legal research, writing,

ment agencies in the United States

at premier national and international

and analytical skills—qualities highly

and abroad.

competitions. Opportunities include:

valued by employers and essential to the successful practice of law.

Through the Human Rights Internship Program, Columbia students have spent summers helping to establish

The Paul, Weiss, Rifkind, Wharton & Garrison Moot Court Program

Columbia Business Law Review Columbia Human Rights Law Review

legal services systems in Africa and

1L Foundation Moot Court

Columbia Journal of Asian Law

developing anti-discrimination law in

American Intellectual Property Law

Columbia Journal of Environmental Law

Hungary. Columbia Arts Law Intern-

Association Moot Court

Columbia Journal of European Law

ships support opportunities to work in

Environmental Law Moot Court

Columbia Journal of Gender and Law

the legal departments of organizations

Frederick Douglass Moot Court

The Columbia Journal of Law &

such as Channel 13, Lincoln Center for

Harlan Fiske Stone Moot Court

the Performing Arts, and National Pub-

Latino/a Law Students Association

lic Radio. Special fellowships support summer public interest work in China, Taiwan, Hong Kong, and Japan.

Moot Court Native American Law Students Association Moot Court

Social Problems Columbia Journal of Law & the Arts Columbia Journal of Race & Law Columbia Journal of Tax Law Columbia Journal of Transnational Law

International Competitions European Law Moot Court Jessup International Law Moot Court Vienna International Arbitration Moot Court (Vis)

38

In the final round of arguments for the Harlan Fiske Stone Moot Court, students argue before a distinguished panel of judges. The Law School is often honored to host a U.S. Supreme Court justice as a presiding judge.

Columbia Law Review Columbia Science and Technology Law Review The American Review of International Arbitration


For More Information To learn more about admissions and current course offerings at Columbia Law School: www.law.columbia.edu

J.D. Admissions 212-854-2670 admissions@law.columbia.edu www.law.columbia.edu/admissions/jd

Graduate Legal Studies (LL.M./J.S.D.) 212-854-2655 gls@law.columbia.edu www.law.columbia.edu/admissions/graduate-legal-studies

Clinical Education www.law.columbia.edu/clinics

Externships, Pro Bono, and Summer Public Interest Law Programs Social Justice Initiatives 212-854-8484 socialjustice@law.columbia.edu www.law.columbia.edu/social-justice

Courses www.law.columbia.edu/courses

Š 2015, The Trustees of Columbia University in the City of New York Produced by the Columbia Law School Office of Communications and Public Affairs


Columbia Law School 435 West 116th Street New York, NY 10027 www.law.columbia.edu Follow us on Twitter @ColumbiaLaw


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.